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2012 DIGILAW 1381 (ALL)

RAMA KUSHWAHA v. STATE OF U. P.

2012-06-26

RAMESH SINHA

body2012
Ramesh Sinha, J. List is revised. None responds on behalf of the applicant as well as opp. party No.2. Heard learned AGA for the State and perused the record. The present matter has come up before this Court today on an application given by opp. party No.2 on 19.5.2012 addressed to Hon'ble the Chief Justice of this Court for vacating the interim order passed by this Court as she is being denied for early justice from this Court or she will be compelled to commit suicide failing to seek justice. The said application was referred by the Registrar General on 6.6.2012 to the In-charge of Mediation Centre. It further transpires that the said application was placed before the Hon'ble Chairman of Supervisory Committee AHCMCC, who vide order dated 20.6.2012 directed the Registrar ( Listing) to get the case listed in the next cause list before the appropriate Court and also to apprise the Hon'ble Court hearing the matter with the contents of the contents of the application. Hence the present application under Section 4 82 Cr.P.C. has come up today before this Court for disposal, as already stated above that the mediation between the parties have failed before the Mediation Centre. From the record, it transpires that the opp. party No.2, Smt. Seema, is the wife of applicant No.4. The matter being matrimonial dispute, was referred to the Mediation and Conciliation Centre by this Court vide order dated 10.3.2010. As per the report of the Mediation Centre dated 21.12.2010, which is on record of this case, the Mediation process between the husband and wife has been stated to be unsuccessful. By means of this application, the applicant has challenged the summoning order dated 5.11.2009 passed by the C.J.M., Lalitpur in complaint case No.3404 of 2009 ( Smt. Seema Devi Vs. Gajendra Singh and others), under Sections 498-A I.P.C. and D.P. Act, Police Station-Kotwali, District-Lalitpur. I have perused the summoning order dated 5.11.2009 which has been passed on the basis of the statement recorded under Sections 200 Cr.P.C. and 202 Cr.P.C. respectively. On the basis of the material available on record, the learned Magistrate found a prima facie case made out against the applicants has summoned them to face the trial in the aforesaid offences. I have perused the summoning order dated 5.11.2009 which has been passed on the basis of the statement recorded under Sections 200 Cr.P.C. and 202 Cr.P.C. respectively. On the basis of the material available on record, the learned Magistrate found a prima facie case made out against the applicants has summoned them to face the trial in the aforesaid offences. In my opinion, the summoning order dated 5.11.2009 does not suffer from any illegality nor it can be said to be abuse of the process of the Court, hence no interference is called for by this Court in exercise of its inherent power under Section 4 82 Cr.P.C. The application lacks merit and is, accordingly, dismissed. Interim order passed by this Court on 10.3.2010 is hereby vacated. Office is directed to communicate the certified copy of this order to the trial Court as well as opp. party No.2 for follow up action immediately by Fax and other means.